The Committee on Roads & Transportation moved to amend the
bill on page 1, after the enacting clause, by striking the
entire bill and inserting in lieu thereof the following:

That the Code of West Virginia, 1931, be amendedby adding
thereto a new section, designated §8-18-1a; and to amend said
code by adding thereto a new section, designated §17-4-36a, all
to read as follows:

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND
SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT OF
DUTY TO PAY FOR SERVICE.

§8-18-1a. Bicycle, pedestrian and transit ways.

(a) As used in this section:

(1) “Complete streets” mean streets that are safe,
comfortable and convenient for travel by all users, including
pedestrians, bicyclists, motorists and transit riders of all ages
and abilities.

(2) “Complete streets policy” means the planning, scoping,
design, construction, reconstruction, operation and maintenance
of roads in order to reasonably address the safety and
accessibility needs of all users of all ages and abilities. A
complete streets policy considers the needs of motorists,
pedestrians, transit users and vehicles, bicyclists, commercial
and emergency vehicles moving along and across roads,
intersections, and crossings in a manner that is sensitive to the
local context and recognizes that needs vary in urban, suburban
and rural settings.

(3) “Governing body” means the mayor and council together,
the council, the board of directors, the commission, or other
board or body of any municipality, by whatever name called, as
the case may be, charged with the responsibility of enacting
ordinances and determining the public policy of the municipality.

(b) It is the policy of the Legislature to encourage
complete streets and governing bodies shall view all
transportation improvements as opportunities to improve safety,
access and mobility for all travelers in West Virginia and shall
recognize pedestrian, bicycle and transit modes as integral
elements of the transportation system.

(C) Within eighteen months of the effective date of this
section, the governing body shall identify the internal policies,
procedures, plans, design manuals and ordinances that could be
used to facilitate the implementation of the complete streets
policy, identify provisions in these documents that conflict with
the complete streets policy and provide a schedule for updating
such documents.

(D)Complete streets features are not required when the
governing body, in writing, with appropriate documentation,
determines that:

(1) Use by nonmotorized users is prohibited by law;

(2) The cost would be excessively disproportionate to the
need or probable future use over the long-term; or

(3) There is an absence of current or future need; or

(4) Preliminary engineering for a project has been completed
prior to the effective date of this amendment; or

(5) The work is maintenance activity designed to keep assets
in serviceable condition.

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 4. STATE ROAD, RAIL AND WATERWAY SYSTEMS.

§17-4-36a. Bicycle, pedestrian and transit ways.

(a) As used in this section:

(1) “Complete streets” mean streets that are safe,
comfortable and convenient for travel by all users, including
pedestrians, bicyclists, motorists and transit riders of all ages
and abilities.

(2) “Complete streets policy” means the planning, scoping,
design, construction, reconstruction, operation and maintenance
of roads in order to reasonably address the safety and
accessibility needs of all users of all ages and abilities. A
complete streets policy considers the needs of motorists,
pedestrians, transit users and vehicles, bicyclists, commercial
and emergency vehicles moving along and across roads,
intersections, and crossings in a manner that is sensitive to the
local context and recognizes that needs vary in urban, suburban
and rural settings.

(3) “Commissioner” means the West Virginia Commissioner of
Highways

(b) It is the policy of the Legislature to encourage
complete streets and the Commissioner shall view all
transportation improvements as opportunities to improve safety,
access and mobility for all travelers in West Virginia and shall
recognize pedestrian, bicycle and transit modes as integral
elements of the transportation system.

(C) Within eighteen months of the effective date of this
section, the Commissioner shall identify the internal policies,
procedures, plans and design manuals that could be used to
facilitate the implementation of the complete streets policy. (D)Complete streets features are not required when the
Commissioner, determines that:

(1) Use by nonmotorized users is prohibited by law;

(2) The cost would exceed budgeted funds allocated for the
project; or

(3) There is an absence of current or future need; or

(4) Preliminary engineering for a project has been completed
prior to the effective date of this amendment; or

(5) The work is maintenance activity designed to keep assets
in serviceable condition.